Put together, this seems to me a great case study of the recurring debates about popular sovereignty, constitutionalism, the role of courts, and more broadly the mixed majoritarian and antimajoritarian nature of American constitutions.

In his essay, Kurt Lash's Majoritarian Difficulty, Professor Barnett characterizes my approach to the Ninth Amendment as majoritarian and argues that the Ninth was intended to reflect the distinctly antimajoritarian views of Madison and the First Congress.